Finian McGrath (Dublin North Central, Independent)

I welcome the opportunity to speak on this important Bill. It is an urgent debate which provides an opportunity for Deputies to present their different views and solutions for dealing with the criminal justice system. It is also an opportunity to put forward some new and radical ideas and also to begin thinking outside the box when it comes to dealing with crime issues.

The justice system should be based on respect and support for victims and, built into that, sensible human rights provisions. This is the key in any democratic society as well as the way forward. However, we must accept that legislation alone will not solve the crime problem — this is the important point. We need to think of other ideas, strategies and, in particular, crime prevention measures, and we need a fair and balanced justice system.

Legislation only kicks in when society fails. Crime prevention should be the buzz word when dealing with this issue. For example, if there are violent or dysfunctional children in primary schools, there should be early interventions to deal with them and assist their families. The reality is that when these children are not helped, they turn to crime and end up in prison. Crime prevention is the progressive way forward in the long term but it is also the sensible way forward. The reaction in legislation usually happens after the damage has been done — after the young plumber has been slaughtered, the young person has been killed or some other innocent victim has suffered.

Quality policing must be a major part of the strategy with regard to the Bill. We must have quality gardaí on the beat in their communities. A good, professional garda will have a major impact on any community, as is the case with a teacher, nurse or doctor, if that person is a good professional person. It is particularly the case with regard to policing that the right person can prevent crime, a reality I see every day in my constituency. A good garda on the beat in certain areas at certain times can reduce crime and anti-social behaviour, and can show common sense in dealing with the harassment of elderly people by gangs. This is the way forward.

We need to focus our attention on crime prevention and quality policing. It is also important to explain to gardaí — we could relate this to all public servants — that when we talk about building respect in the community, they must go out and earn that respect. One does not demand respect from a group of people or a section of society; a person must earn it. As Deputy Gregory will know, in the 1980s when young members of the drug squad were involved in disadvantaged areas, they built up and earned the respect of the local community by working with them. This had an impact in blocks of flats throughout the city, particularly on the north side. Gardaí should not be so defensive. They should open their minds, get out there and earn the respect of the community.

Dealing with the Bill provides an opportunity to consider the sensible ideas I and other Independent Deputies have put forward in recent years to deal with crime and the justice issue. As I have previously stated, we need more judges. We also need preliminary hearings to be held with a view to shortening trials. I would like to see the establishment of a dedicated witness, victim and family liaison officer scheme. I also feel strongly that the courts should operate from 9 a.m. to 5 p.m. A new criminal court complex in Dublin should be designed in such a way as to segregate key players such as judges, witnesses, jury members, defendants and gardaí.

I note the Minister of State, Deputy Brian Lenihan, is present in the Chamber. We need to focus our resources on disadvantaged schools and disadvantaged areas, which should be targeted with early intervention measures, particularly counselling and family therapy sessions. I have direct experience of this in my previous job as a teacher, where an art therapy session dealt with very disruptive pupils and had an impact on reducing violence both in and out of the school.

The most important factor is community gardaí on the beat. On a trip to London we visited a part of the inner city where 165 community police officers were designated to the station. Six hours out of these officers' eight-hour shifts were spent in the community and housing estates, including stairways. These officers were working with the community, dealing with drug addicts and helping them to access services. This was real community policing, which is the sensible way forward.

I strongly support the more serious activities, particularly strategies like Operation Anvil against armed gangs, because one needs such strategies. I would like to see the development of Operation Anvil to deal with those criminals involved in violence, gun attacks and murders, particularly gangland crime.

As I previously stated, many of the complaints in our constituencies concern minor things which, unfortunately, are not minor to many elderly people. We need to have community gardaí dealing with anti-social behaviour.

We also need to face up the major incidence of white-collar crime in this country. I hope the Minister is aware of illegal scams in the insurance industry and white-collar crime in general. I am delighted to learn from Garda authorities that a number of investigations are being undertaken by the Garda bureau of fraud investigation into alleged fraud in the insurance industry. This is very important because when people break the law, irrespective of the section of society from which they come, it is essential that they are detected.

Part 3 of the Bill, which deals with sentencing, provides new sentencing arrangements for certain categories of offences, particularly those considered to be linked to organised crime and for a new type of post-release order called a crime prevention order. I welcome Part 3 because it is sensible. Crime prevention orders are a very important strategy and I commend the Minister.

However, in respect of people directly involved in crime, I also use the old-fashioned statement that if these people do the crime, they should do the time and stop whinging. It is important to say this because I have seen at first hand how some people directly involved in very violent crime are the first to moan and complain in certain situations. The wider community is losing its patience with these people, particularly those who perpetrate violent crime. I am talking about serious violent crime and serious threats and intimidation which go on all the time. I find it very upsetting to meet constituents who tell me that they are afraid to go to the gardaí about particular drug dealers in their area because it will get back that they told the gardaí about these dealers and they will be burnt out. These people regularly approach Deputies and public representatives at our clinics all over the city. It is very sad that an entire community can be intimidated.

A development I find very upsetting when I go around my constituency in the build up to the election is the number of elderly people who bolt their doors, lock the gates and stay in for the night at 7 or 7.30 p.m. These people are very fearful when people knock on their doors even at that hour of the night. This is very sad. Greed and selfishness have kicked in and we as a community must address this. The sad reality is that people in huge estates might not know their neighbours five doors down. This is a fact with which we must deal in the era of the Celtic tiger. Will we turn our back on the traditional caring society we had before and which we need to develop again? It is appropriate to mention it during the debate on crime and link it to the debate on active citizenship. There are many groups who want to help and work with the gardaí on these issues, but the gardaí must get out there, earn respect, get on with the job and act in a professional and impartial manner.

As an unapologetic old-fashioned civil libertarian, I have major concerns in respect of the right to silence and am very cautious about this section. I know that a range of safeguards are provided in this legislation as well.

Another very important issue is the management of the Garda Síochána. Part 7 of the Bill concerns the amendment of the Garda Síochána Act 2005 and deals with the functions of the executive management board. This is sensible and provides for a good way forward.

I welcome the opportunity to speak on this important legislation. I have concerns about certain aspects of it. The Criminal Justice Bill should be based on dealing with criminals in a strong way but should also provide justice for the victim and society as a whole.

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